On The Illegality Cognition Of Legal Criminals

The illegal understanding of statutory criminals itself needs to solve four problems: when the perpetrator makes an uninformed or wrong defense in the non-standard terminology of the criminal law of China,which is illegal,and what is the real appeal? Is it necessary to consider the perpetrator's claim of such a defense;if necessary,it should be considered in which element of the criminal constitution system,and whether the four-component system of China can accommodate the existence of illegal knowledge,if not,what should be reformed;after the above-mentioned issues reach a consensus,how to standardize the illegal knowledge of statutory offenders.After clarifying the above-mentioned problems,the article is innovative: it examines the particularity of illegal knowledge in the field of statutory offenses,establishes the practical necessity of investigating illegal understanding in statutory offenders,and clarifies the illegality of different positions on statutory offenders.Under the suspicion of crime prevention,after the reasonable division of the statutory criminals in the criminal law of our country,the criteria for judging the illegality of different types of statutory criminals are pointed out in a targeted manner.Finally,through the collection and collation of the judgment documents,it verifies the effect doubt of the theoretical positioning of intent theory in crime prevention from the realistic aspect.The full text consists of four parts,about 40,000 words:The first part is about the basic definition of the illegality of statutory crime.The main contents of this part include: the concept of statutory offence,the concept of statutory offence in Germany,Japan and other countries and in China's criminal law theory,as well as the connotation of the understanding of illegality and illegality.Firstly,by sorting out the origin of statutory offence and its manifestations in German and Japanese criminal law theory,and based on the actual criminal law of our country,we define statutory offense as a crime that violates administrative regulations and seriously endangers the management order formed by administrative regulations,which should be punished but does not obviously violate traditional ethical and moral concepts.Secondly,based on the fact that illegality awareness is an introduction concept of German and Japanese criminal law theory,after discussing the relevant theoretical controversy of illegality,it is pointed out that illegality awareness under German and Japanese criminal theory system belongs to substantive illegality awareness,that is,actor's behavior is not allowed by the overall legal order,which is harmful to social understanding.It also considers that this understanding of illegality is basically equivalent to that of social harmfulness in China.The second part is the necessity argument of legal criminals' illegal understanding.The content of this part mainly includes the general theoretical basis of illegal understanding and the special examination of legal criminals' illegal knowledge.First of all,through the criticism of the illegality,it is considered that the illegal understanding is the extension of the necessity of the behavioral prediction function of the principle of Iegality,the general requirement of the normative responsibility theory,the premise of the behavioral regulation function of the criminal law,the proper choice for the realization of the purpose of punishment prevention.These four aspects are the general theoretical basis for the necessity of illegal understanding;Secondly,by examining the particularity of the problem of illegal understanding in the field of statutory crimes,that is,the relative separation of facts and values leads to the limitation of knowledge presumption,the weakening of the behavior-oriented function of criminal law and the frustration of judicial public trust.It is believed that the special cognition of formal law and the aggravation of people's burden of legal awareness indicates that there is a more urgent need for the establishment of illegal criminal knowledge in the field of legal crimes than in the field of natural offenses.The third part is the proper positioning of legal criminals' illegal understanding.The content of this part mainly includes the positioning disputes of illegal understanding and the positioning choice of legal criminals' illegal knowledge.Through combing the dispositional controversy of illegal understanding,it is believed that even if the responsibility of criminalism and crime prevention is taken into consideration,there is theoretical delay in the responsibility of the legalization of the legality of legal criminals.Moreover,it is believed that there is not much difference between the deliberate statement and the responsibility statement on the judgment of the illegality of the statutory criminals.Deliberately speaking,it does not necessarily lead to the indulgence of crimes.In view of this,it is more reasonable to adopt the theory of intent to recognize the illegality of statutory offences.The monolithic criminal constitution system that integrates facts and evaluations in China still has considerable explanatory power at least on the proposition of illegal understanding.The substantive intentional concept in Article 14 of China's Criminal Law provides a normative basis for the judicial application of legal criminals' illegal understanding.Not only that,but while affirming the illegal understanding of the factors that belong to the deliberate intention,at the same time,it is considered that there is only a possibility of illegal understanding in criminal negligence.The fourth part is the judicial application of the understanding of the illegality of statutory offences.This part mainly includes the applicable standards of legal criminals' illegal understanding,the types of statutory offences,the positive identification methods of different types of statutory offenders' illegality awareness,the reverse exclusion of statutory offenders' illegality awareness,the evaluation of the crime prevention effect of statutory offenders' illegality awareness under the intentional position.Firstly,the applicable standards of illegal understanding in the field of statutory offenses,the article adheres to the standards of perpetrators.Secondly,according to the level of ethical condemnation,the statutory offense in the specific provisions of our criminal law is roughly divided into typical statutory offense and non-typical statutory offense,and different types of statutory offense are proposed to judge their illegality positively.In addition,by enumerating the errors in understanding the illegality of statutory offences,the author tries to provide a comprehensive way of judging the illegality of statutory offences for judicial practice in order to better implement the responsibility doctrine in the field of imputation.And after sorting out the judgment path of the illegality of the statutory offender in detail,through the collation of the relevant cases of the illegal knowledge in the referee's paper network,the author thinks that even if the theoretical position of the intentional theory is adopted,the way of verifying the existence of the illegality of the statutory offender is not different from the theory of responsibility.In the intentional theory,the errors of the illegality awareness that can be avoided under the responsibility theory is usually presumed to be illegality of the perpetrator based on reasonable reasons.From this,we can see that the effect of crime prevention of the theory of intentional knowledge of the illegality of statutory offenders is not absolutely weaker than that of responsibility theory.Even if the theory of responsibility has a stronger ability to convict on some issues,and deliberately can also achieve the general prevention of crime by establishing the inevitability of administrative punishment and even administrative detention punishment.After all,the means of crime prevention should not be limited to criminal punishment.